Oscar Ibarra v. Nick Ludwick, Warden
HabeasCorpus JusticiabilityDoctri
Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both an essential State witness and the murder victim?
QUESTIONS PRESENTED FOR REVIEW I. Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both an essential State witness and the murder victim? II. Can the defendant voluntarily and intelligently waive his right to unconflicted counsel under the Sixth Amendment if he is not advised of the previous representation of the murder victim? III. Can the defendant voluntarily and intelligently waive his right to unconflicted counsel under the Sixth Amendment if his only advise is from conflicted court-appointed counsel? IV. Is the defendant constitutionally entitled to independent counsel to advise him as to a conflict of interest concerning court-appointed counsel under the Sixth Amendment? V. When there is nonverbal communication by a trial spectator toward a juror, causing jurors to fear for their safety, does this require individual voir dire of the jury pursuant to Remmer v. U.S., 347 U.S. 227 (1954)?